IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2115/2014 BETWEEN:
DR T H MURTHY S/O LATE HONNAIAH AGED ABOUT 51 YEARS, READER AND DIRECTOR RURAL DEVELOPMENT STUDIES, BANGALORE-560 056 ... PETITIONER (BY SRI RAHUL P., ADV. ) AND:
SMT BHAGYALAKSHMAMMA AGEED ABOUT 46 YEARS, W/O. DR. T.H. MURTHY R/AT NO.5-A, NAGADEVANAHALLI, 80 FEET RING ROAD, KENGERI, BANGALORE-560 056 .. RESPONDENT (BY SRI DEEPAK J.,ADV.) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.15041/2012 ON THE FILE OF IX A.C.M.M., BANGALORE FOR THE OFFENCES P/U/S 494,109,114 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioner has filed a memo along with the certified copy of the order sheet in Criminal Revision Petition No.80/12. It is submitted that respondent and the petitioner herein have entered into a compromise in the said Criminal Revision Petition No.80/12 whereunder, the respondent has agreed to withdraw all the cases pending against the petitioner herein and the said compromise memo was accepted by the revisional Court and the proceedings in CC No.144/11 were closed.
2. The learned counsel further submitted that before necessary steps could be taken by the respondent to withdraw the complaint in the instant case, respondent- complainant died on 2.5.2014. In proof of this submission, a copy of the death certificate is also enclosed.
3. The learned HCGP does not dispute the fact that the respondent and the petitioner herein have entered into a compromise as reflected in the compromise memo dated 15.3.2014 in Criminal Revision Petition No.80/12 wherein the respondent has agreed to withdraw all the cases instituted against the petitioner. In view of the said compromise, the learned counsel for respondent and the petitioner have no objection to allow the petition in terms of the aforesaid compromise.
4. Submissions made by the learned counsels appearing for the parties is placed on record. Consequently petition is allowed. Proceedings pending against the petitioner in CC No.15041/12 on the file of IX Addl.CMM, Bangalore, for the offences punishable under Sections 494, 109, 114 R/w.34 of IPC, are hereby quashed.
Sd/- JUDGE Sk/-
CT-HR